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The range of confiscation has considerably enlarged following the amended provisions in the Criminal Code of the Republic of China, which took effect on the 1st July 2016. In line with the amendment, the Taiwan High Prosecutors Office has established a platform to trace back proceeds of crime from cross-border telecommunication fraud activities in the hope of helping curb the crimes.
In this regard, the Ministry of Justice acts as Taiwan’s Central Authority for MLA in criminal matters. The primary applicable law covering international judicial cooperation is the Mutual Legal Assistance in Criminal Matters Act(2018), which provides the following types of assistance:
- Obtaining evidence.
- Service of documents.
- Immobilization of assets.
- Implementation of final and irrevocable judgment or order for confiscation of assets or collection of proceeds value relating to a criminal offense.
- Restitution of proceeds of crime.
- Other types of assistance not contradictory to the law of ROC (Taiwan).
The Department of International and Cross-Strait Legal Affairs of MOJ is in charge of facilitating the assistance from requesting countries/jurisdictions in terms of freezing, seizing, and transferring of the illicit gains, with a view to compensating the loss of the victims, under applicable laws and other legal instruments in Taiwan (R.O.C).
For the request of asset recovery to Taiwan (R.O.C), foreign authorities are encouraged to use the template request forms formulated according to the legal requirements, especially the Code of Criminal Procedure.